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Research On The Contributory Negligence Of The Injured Juveniles

Posted on:2018-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:X T LiuFull Text:PDF
GTID:2416330536975024Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
As an important institution in tort law,contributory negligence is a system which mitigates and waives the liability of the offender in the event that the victim causes or results in the expansion of damages.It prompts the victim to bear the damages caused by his own fault.Therefore,the legal basis of contributory negligence is the principle of responsibility and fairness.The problem of juveniles' capacity of civil liability should be discussed,it is generally said that there is no need to consider whether the victim has the ability to be responsible for the contributory negligence system.However,the nature of the contributory negligence system is that the victim is not allowed to pass on part of the damages caused by his own behaviors to others.As a rational person,he should be able to recognize the legal consequence of the infringement,once causing damages,he may be judged as being fault.But for a person who has no capacity for responsibility and the ability to identify the damages cannot be applied to the system of contributory negligence.Generally speaking,China's civil law theory and practice have been long denied the juveniles' capacity of civil liability,these lead to the juveniles who don't have the identification ability may bear heavy burden,which is not only conducive to the full protection of the interests of juveniles,but also does not meet the value of the Tort Liability Law.Therefore,only the juveniles have the civil liability ability can they be applicable to the system of contributory negligence.If a juvenile is under 8 years old,he or she may not have the capacity of civil liability and should not apply to the system of contributory negligence.When a juvenile without the capacity of civil liability suffers from a third person in the case of the guardian does not perform his guardianship duties,it is necessary to measure whether the guardian is performing guardianship duties and in violation of the precautionary duty of “good manager”,whose acts as dealing with his own affairs.If the victim bears the guardian's fault,it will be somewhat unsatisfied the principle of responsibility and contrary to the purpose of giving priority right to the juveniles.Last but not least,it is not conducive to the protection of the legitimate rights and interests of juveniles.The juveniles enjoy two different rights to the offender and the guardian when being injured,the guardian and the offender bear the unreal joint obligation.Juveniles may claim damages to the victim in the full amount,after that,the offender shall claim compensation to the guardian according to his or her fault.
Keywords/Search Tags:contributory negligence, civil liability ability, juveniles, guardian's negligence, unreal joint obligation
PDF Full Text Request
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